Download or read book Proceedings Before the Permanent Court of Arbitration written by and published by . This book was released on 1912 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Parallel Proceedings in International Arbitration written by Nadja Erk and published by . This book was released on 2014 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.
Download or read book International Arbitration and the Permanent Court of Arbitration written by Manuel Indlekofer and published by Kluwer Law International B.V.. This book was released on 2013-08-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
Download or read book The Permanent Court of Arbitration International Arbitration and Dispute Resolution written by P. Hamilton and published by Kluwer Law International B.V.. This book was released on 1999-05-18 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its creation at the epoch-making Hague Peace Conference of 1899, which was attended by 26 states, the Permanent Court of Arbitration has contributed significantly to the development of peaceful means to resolve international disputes. In case after case, the Court's tribunals have prevented international incidents and other tensions from flaring into open hostility, and set precedents that greatly curtail the justification of violence between nations.
Download or read book Basic Documents written by Permanent Court of Arbitration and published by . This book was released on 1998 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Interpretation Revision and Other Recourse from International Judgments and Awards written by Shabtai Rosenne and published by BRILL. This book was released on 2007-08-30 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there had been a few cases of the interpretation of judgments of the Permanent Court of International Justice and the International Court of Justice, it was not until the mid-1980s that serious judicial discussion of the related problems of the interpretation and revision by the International Court of one of its own judgments came before the Court. Similar cases have also arisen in international arbitration proceedings between States. Interpretation, revision, and other forms of ‘reference’ to the International Court from some other international body, court or arbitral tribunal have produced a complex pattern of black letter texts supplemented by an even more complex set of judge made rules and practices. The close tie between the final decision and the highly political context of the obligation to comply with it produces a continuing tension between the finality of the decision and any one of the possible references in recourse from it. If any tendency can be discerned from the relevant materials it is in the strong preference for maintaining the integrity and the authority of the res judicata, provided that no obvious miscarriage of justice is engendered. Interpretation is preferable to revision. This book is the first in the series International Litigation in Practice. The series will consist of short, concise, practical booklets to be of use for practitioners pleading before international courts and tribunals, and everyone else involved and / or interested in the activities of these courts.
Download or read book Arbitrating Under the 2012 ICC Rules written by Jacob Grierson and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the 2012 ICC Rules and– which apply to all ICC arbitrations commenced on or after 1 January 2012 unless the parties have agreed that an earlier version should apply and– this book serves the needs of the following parties: those who want a full introduction to the topic of ICC arbitration; those who already have a good understanding of how ICC arbitration worked under the old 1998 ICC Rules but are looking for an update on the new 2012 ICC Rules; those who need to take a decision on whether to opt for ICC arbitration; those who have opted for ICC arbitration and need to draft an ICC arbitration clause; and those who are actually faced with the prospect of an ICC arbitration. As far as possible, the book is structured so as to follow the sequence of events that would typically take place in the resolution of a dispute by arbitration. Following a discussion of preliminary matters, the authors go on to describe the process leading from negotiation to arbitration, the initial decisions that may be taken by the ICC International Court of Arbitration, and the different steps in the proceedings before the arbitral tribunal. The book concludes with a discussion of the award and its enforcement. Extensive references to relevant books, articles, websites and other resources as well as a comprehensive glossary further enhance the bookand’s practical value.
Download or read book Arbitration in the Next Decade written by International Chamber of Commerce. International Court of Arbitration and published by . This book was released on 1999 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisdiction Admissibility and Choice of Law in International Arbitration Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Download or read book The Hague Peace Conferences of 1899 and 1907 and International Arbitration Reports and Documents written by Shabtai Rosenne and published by T.M.C. Asser Press. This book was released on 2001-11-14 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Permanent Court of Arbitration (PCA) was founded just over a century ago the practice of referring disputes to international tribunals was un usual. Instead, arbitration, with its procedural emphasis on party-autonomy, was seen as the only acceptable way for sovereign states to settle their differences peacefully. War and neutrality, as Professor Shabtai Rosenne explains in his in troduction to this most welcome publication of extracts from the proceedings of the International Peace Conferences, were regarded as inevitable realities of in ternational relations as late as the mid-twentieth century. Moreover, a perma nent tribunal with international jurisdiction would not have stood much chance of either success, or survival, at the end ofthe nineteenth century. The First International Peace Conference in 1899 adopted the 1899 Conven tion for the Pacific Settlement of International Disputes, the objectives of which were international disarmament and the strengthening of international dispute settlement as an alternative to war. The 1899 Convention alsocreated the PCA in an effort to institutionalize dispute resolution through a third party mechanism.
Download or read book Conciliation in International Law written by Christian Tomuschat and published by BRILL. This book was released on 2016-11-17 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.
Download or read book Counterclaims before the International Court of Justice written by Constantine Antonopoulos and published by Springer Science & Business Media. This book was released on 2011-05-30 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the counterclaims presented at the ICJ and at its predecessor, the Permanent Court of International Justice (PCIJ), during its 65 years of existence. It is the first study that focuses exclusively on the subject of counterclaims. It analyses the evolution of the germane provisions in the PCIJ and ICJ Rules of Procedure and the practice of the Court, especially in light of the relevant case-law of the ICJ. A useful source for academics and practitioners in International law.
Download or read book Evidence Before International Tribunals written by Durward Valdamir Sandifer and published by Charlottesville : University Press of Virginia. This book was released on 1975 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is based on an examination of all available records in the field of evidence from the 18th century to date. Acid-free reprint of University of Virginia Press, 1975. Distributed by William S. Hein & Co., Inc.
Download or read book The Hague Peace Conferences of 1899 and 1907 and International Arbitration Reports and Documents written by Shabtai Rosenne and published by T.M.C. Asser Press. This book was released on 2011-11-29 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Permanent Court of Arbitration (PCA) was founded just over a century ago the practice of referring disputes to international tribunals was un usual. Instead, arbitration, with its procedural emphasis on party-autonomy, was seen as the only acceptable way for sovereign states to settle their differences peacefully. War and neutrality, as Professor Shabtai Rosenne explains in his in troduction to this most welcome publication of extracts from the proceedings of the International Peace Conferences, were regarded as inevitable realities of in ternational relations as late as the mid-twentieth century. Moreover, a perma nent tribunal with international jurisdiction would not have stood much chance of either success, or survival, at the end ofthe nineteenth century. The First International Peace Conference in 1899 adopted the 1899 Conven tion for the Pacific Settlement of International Disputes, the objectives of which were international disarmament and the strengthening of international dispute settlement as an alternative to war. The 1899 Convention alsocreated the PCA in an effort to institutionalize dispute resolution through a third party mechanism.
Download or read book The Flame Rekindled written by Sam Muller and published by BRILL. This book was released on 2023-12-11 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the aims of the United Nations Decade of International Law is the promotion of the means and methods for the peaceful settlement of disputes between states. In the previous volume, The United Nations Decade of International Law, Reflections on International Dispute Settlement, the editors contributed to this aim by bringing together a variety of opinions by international legal experts on the topic, with an emphasis on the role of the International Court of Justice. This time, the editors turn their attention to international arbitration and the role of the Permanent Court of Arbitration. It also explores the prospects for pre-constituted, non-ad hoc arbitral institutions which may be considered in the general framework of peaceful settlement of disputes between states, as well as between states and other actors (commercial arbitration) in the present day international system, through the process of international adjudication. Like the previous volume, this book is a valuable contribution towards the promotion of the United Nations Decade of International Law.
Download or read book Reports of Proceedings Before the Court of Arbitration written by Western Australia. Court of Arbitration and published by . This book was released on 1906 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The International Court of Justice written by Serena Forlati and published by Springer. This book was released on 2014-06-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice is the principal judicial organ of the United Nations, and epitomizes the very notion of international judicial institution. Yet, it decides inter-State disputes only with the parties’ consent. This makes it more similar to international arbitral tribunals than other international courts. However, the permanent nature of the Court, the predetermination of procedural rules by the Statute and the Rules of Court, the public character of proceedings, the opportunity for third States to intervene in a case under Articles 62 and 63 of the Statute and the Court's role as the principal judicial organ of the United Nations mark a structural difference between the ICJ and non-institutionalized international arbitral tribunals. This book analyses if and to what extent these features have influenced the approach of the ICJ (and of the PCIJ before it) to its own judicial function and have led it to depart from the principles established in international arbitration.
